Probate Real Estate Attorneys in Pearland Protecting Your Investments
When wills are unclear or not legally sound, the probate court has a difficult time authenticating and, therefore, approving a person’s end-of-life plan. This includes how real estate property or investments should be handled and distributed.
How real estate is handled in probate will depend on the clarity of your will, as all wills must go through the probate process. This is why estate planning is key to preventing and avoiding probate, as you can use a trust to privately exchange your real estate property, assets, and other critical decisions and avoid probate.
In the instance there are no instructions provided by a will, property might need to be sold to pay off debts, or conflict might arise among family members and heirs who have different ideas and plans for the property, including a sale.
Our probate attorneys, therefore, take an exceptionally diligent and proactive approach to help you identify the best asset protection strategies upfront to avoid legal problems down the road for your simple or complex estate.
When conflicts and disputes arise, on the other hand, we handle probate lawsuits with finesse and take great care in protecting beneficiaries and heirs of wills and trusts to ensure they receive the assets they’re promised.
What is Real Estate Probate?
Real estate probate is the legal process following a person’s death and is specific to the property he or she owned. This might include a residential home or multiple properties like rental homes and commercial real estate, whether a small estate or a large, complex estate.
It’s similar to the general legal probate process and the dissemination of your assets as designated by your will.
The real estate probate process allows for the transfer of ownership to another person as stated in the will or determines whether the property should be sold instead. If no will exists, the court isn’t sure how to distribute the real estate, among other assets, and is forced to use the probate process to determine who gets what.
A probate attorney will be instrumental in helping you protect your family’s future and security while avoiding costly and lengthy legal battles when dealing with probate matters.
At the same time, as probate disputes arise, we will represent your estate in court and work toward an effective resolution. If you are considering an estate plan to protect your real estate properties, or you might benefit from legal guidance as you’re navigating a loved one’s estate, call a probate attorney for legal help: 281-214-6541.
What is the Real Estate Probate Process?
The person writing their will (the testator) designates an executor. The estate executor, upon the testator’s death or incapacitation, will execute the estate plan. The estate executor will disseminate any investment properties to an heir or heirs or will sell the property or properties in an heir’s absence.
In the latter scenario, the executor will coordinate the home to be sold. Family members might get involved in the purging or selling of personal belongings to prep the home for sale, while the executor will engage a real estate agent to appraise the home, list and market it, and facilitate the sales process through to close. The proceeds from the sale become part of the estate.
The probate process can be anywhere from six months to two years, though the length of time is dependent on several factors:
- Number of heirs or people involved
- Conflicts and disputes among beneficiaries and heirs
- Issues with the execution or authenticity of the will
- Taxes or debts attached to the property
- State of the home and whether any urgent work needs to be completed
- State and local laws that might hinder the probate process
A probate attorney with The Hatchett Law Firm can help you plan your estate to avoid lengthy real estate probate cases or defend you in estate litigation and real estate disputes.
How Do I Avoid Probate?
A will is a helpful tool in protecting your assets. Alone, however, it will not prevent your property or estate from the probate process, which can be lengthy and costly. A court must authenticate a will in order to disseminate money, property, and personal belongings.
Save your family time, extra heartache, and money by putting your assets, including your real estate investments and properties, into a trust. Alternatively, owning a property with a surviving person in joint ownership will ensure your property is passed on to this person. This will help the designated trustee avoid probate court after a loved one’s death.
Our probate real estate lawyers can help you mitigate legal issues like this down the road by helping you put an estate plan together with a will, trust, and other pertinent legal documents that protect your assets and your real estate investments and properties.
The Hatchett Law Firm has helped manage several probate cases through to resolution and can help you create a hassle-free path for your loved ones to inherit future income, real estate properties, and assets without court involvement and expensive legal headaches.
If you need legal knowledge and help with a current probate real estate process or dispute right now, take advantage of our free consultation and speak with our legal professionals today: 281-214-6541.
How Can a Probate Real Estate Lawyer Help Me?
A probate attorney who understands Texas probate law will be instrumental in helping you protect your family’s future and security while avoiding costly and lengthy legal battles when related to probate real estate matters. At the same time, as probate disputes arise, we will represent your estate in litigation and work toward an effective resolution that’s in your best interest.
During the real estate probate process, death and grief can spark a range of emotions related to the management and distribution of the estate of a deceased person. Naturally, this can cause legal disputes between family members, executors, heirs, or beneficiaries.
Oftentimes the people involved have questions about final wishes related to properties and other assets, how a will or trust was written, and many other concerns. Probate litigation might arise as fights over rights or assets are in question.
This scenario alone encourages proper planning when it comes to asset protection, and our probate lawyers can help. The probate process is always an easier process when there’s a clear will or a trust working as part of an estate plan, leaving little room for confusion or interpretation among internal family members and the probate court.
Our probate attorneys can help you with real estate planning, taking steps to prevent real estate and other estate issues. Use an initial consultation with a probate lawyer at The Hatchett Law Firm to get your questions and concerns answered: 281-214-6541.